Swennes v. Sprain
Wisconsin Supreme Court
Appeal from an order of tire circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. This is an action in equity brought to enjoin the supervisors and highway officers of the town of Barre, La Crosse county, from removing a fence which they claimed to be an encroachment upon the common highway.
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Appeal from an order of tire circuit court for La Crosse county: J. J. Eeuit, Circuit Judge. This is an action in equity brought to enjoin the supervisors and highway officers of the town of Barre, La Crosse county, from removing a fence which they claimed to be an encroachment upon the common highway. The complaint, after stating the official character of the defendants, alleges, in substance, that the plaintiff owns and occupies a certain described forty-acre tract of land in the town of Barre; that in December, 1901, the defendant supervisors caused an action to be commenced in a justice…
1Opinion of the CourtWinslow, J.
The complaint doubtless states a good cause of action in equity, unless the allegations concerning the previous encroachment action and the judgment rendered therein make it demurrable. Uren v. Walsh, 57 Wis. 98, 14 N. W. 902. The appellants claim that the judgment in the encroachment action is res ad judicata upon all questions which might have been litigated in that case. This claim cannot be sustained. In order to have such an effect, the second litigation must be between the same parties or their privies, and upon the same canie of action. Grunert v. Spalding, 104 Wis. 193, 80 N. W. 589.…
2Cases cited5 opinions
- Grunert v. SpaldingWisconsin Supreme Court · 1899
- Gossens v. Mattoon Manufacturing Co.Wisconsin Supreme Court · 1899
- Stein v. BenedictWisconsin Supreme Court · 1892
- Uren v. WalshWisconsin Supreme Court · 1883
- Soule v. StateWisconsin Supreme Court · 1865